Beruflich Dokumente
Kultur Dokumente
I. Independence (Sec. 1)
The choice of a temporary chairman in the absence of the regular
Safeguards insuring the independence of the Commissions: chairman comes under that discretion. That discretion cannot be
exercised for it, even with its consent, by the President of the
a) They are constitutionally created; may not be abolished by Philippines.
statute.
b) Each is expressly described as independent. A designation as Acting Chairman is by its very terms essentially
c) Each is conferred certain powers and functions which cannot temporary and therefore revocable at will. No cause need be
be reduced by statute. established to justify its revocation. Assuming its validity, the
d) The Chairmen and members cannot be removed except by designation of the respondent as Acting Chairman of the Commission
impeachment. on Elections may be withdrawn by the President of the Philippines at
e) The Chairmen and members are given a fairly long term of any time and for whatever reason she sees fit.
office of seven years.
f) The Chairmen and members may not be reappointed or It is true, as the Solicitor General points out, that the respondent cannot
appointed in an acting capacity be removed at will from her permanent position as Associate
g) The salaries of the chairman and members are relatively high Commissioner. It is no less true, however, that she can be replaced as
and may not be decreased during continuance in office. Acting Chairman, with or without cause, and thus deprived of the
h) The Commissions enjoy fiscal autonomy. powers and perquisites of that temporary position.
r) Each Commission may promulgate its own procedural rules,
provided they do not diminish, increase or modify substantive The Constitution provides for many safeguards to the
rights [though subject to disapproval by the Supreme Court], independence of the Commission on Elections, foremost among
j) The Chairmen and members are subject to certain which is the security of tenure of its members. That guaranty is
disqualifications calculated to strengthen their integrity. not available to the respondent as Acting Chairman of the
Commission on Elections by designation of the President of the
k) The Commissions may appoint their own officials and
Philippines.
employees in accordance with Civil Service Law.
The lack of a statutory rule covering the situation at bar is no
justification for the President of the Philippines to fill the void by
Designation of Acting Comelec Chairman affects independence extending the temporary designation in favor of the respondent.
This is still a government of laws and not of men. The problem
Sixto Brillantes, Jr. vs. Haydee T. Yorac, allegedly sought to be corrected, if it existed at all, did not call for
G.R. No. 93867, December 18, 1990 (192 SCRA 358) presidential action. The situation could have been handled by the
members of the Commission on Elections themselves without the
FACTS: participation of the President, however well-meaning.
President Corazon Aquino appointed Comelec Associate Commissioner
Haydee Yorac as Acting Chairman of the Commission on Elections, in
place of Chairman Hilario B. Davide, who had been named chairman of
the fact-finding commission to investigate the December 1989 coup d
etat attempt. Petitioner Sixto Brillantes, Jr. questioned the appointment Sol Gen as Acting Comelec Commissioner also affects
in view of the status of the COMELEC as an independent constitutional independence
body and and the specific provision of Article IX-C, Section 1(2) of the
Constitution that (I)n no case shall any Member (of the Commission Nacionalista Party vs. Angelo Bautista, 85 Phil 101(1949)
on Elections) be appointed or designated in a temporary or acting
capacity. Brillantes further argued that the choice of the acting F: President Quirino designated the SolicitorGeneral as Acting
chairman should not come from the President for such is an internal member of the Comelec in November, 1949. The Nacionalista Party
matter that should be resolved by the members themselves and that filed this prohibition on the following grounds: (1) the SG did not
the intrusion of the president violates the independence of the resign from the office of the Solicitor General; (2) there is no vacancy
COMELEC as a constitutional commission. He cites the practice in this in the Comelec because the retirement of the Comelec member
Court, where the senior Associate Justice serves as Acting Chief Justice causing the vacancy, was accepted by the President in bad faith; and
in the absence of the Chief Justice. No designation from the President of (3) the functions of a SolicitorGeneral are incompatible with those of
the Philippines is necessary. a Comelec member.
The Solicitor General argues that no such designation is necessary in ISSUE: W/N THE DESIGNATION WAS VALID?
the case of the Supreme Court because the temporary succession cited
is provided for in Section 12 of the Judiciary Act of 1948. A similar rule HELD: NO, it was not. By the nature of the Comelec's functions, the
is found in Section 5 of BP 129 for the Court of Appeals. There is no Comelec must be independent. Members are not allowed to perform
such arrangement, however, in the case of the Commission on other functions, powers and duties to preserve its impartiality. The
Elections. The designation made by the President of the Philippines SolicitorGeneral's duties also require an undivided time and
should therefore be sustained for reasons of administrative attention for efficiency. Furthermore, when there is a vacancy,
expediency, to prevent disruption of the functions of the COMELEC. appointment is preferred to designation.
own discretion. Its decisions, orders and rulings are subject only to
review on Certiorari by this Court as provided by the Constitution in a writ of prohibition issue commanding the respondent
Article IX-A, Section 7. Solicitor General to desist forever from acting as acting
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Constitutional Law II:
Art. IX. The Constitutional Commissions
member of the Commission on Elections under the the appointment of a new member upon the expiration of the first
designation rendered to him by President Quirino, unless he is term of three years.
legally appointed as regular member of the said Commission on
Elections.
Acting Appointment (not subjected to the confirmation of COA and Comelec member Perez on the other hand, was appointed for a term of
no security of tenure) impairs the independence of Constitutional 9 years expiring on 24 November 1958. The SG contended that his term
commission in a way that the term of office is dependent on the legally expired on July 12, 1951, the expiration of the term of 6 years
discretion of the President. for which Commissioner Enage, his predecessor was appointed.
o The prohibition extends to acting appointment. Ad interim
appointment is covered Held: The terms cannot begin from the first appointments made in July
o It has to be permanent appointment so that it will not violate on 12, 1945 but from the date of the organization of the COMELEC under
the constitutional provision of independence CA 657 on June 21, 1941. Thus, the term of office of the first Chairman,
Lopez Vito began on June 21, 1941 and ended June 20, 1950. That of
member Enage began on June 21, 1941 to June 20, 1944 (but this was
not filled). Since the first 3 year term had already expired in 1944, the
II. Salaries (Sec. 3) appointment of De Vera on June 12, 1945 must be for the full term of
nine years (June 1944 to June 1953). The first vacancy occurred by the
expiration of the term of Enage. His successor, Perez, was named for a
full 9 year term which shall have started on June 1947 to June 1956.
III. Disqualifications (Sec. 2)
Inhibitions/Disqualifications The second vacancy happened upon the death of Lopez Vito on May
a) Shall not, during tenure, hold any other office or employment. 1947. To succeed him, de Vera appointed and lasted only up to June
b) Shall not engage in the practice of any profession. 1950, the unexpired period of Lopez Vito's term. Thus, on June 1950, a
c) Shall not engage in the active management or control of any vacancy occurred which De Vera could no longer fill because his
business which in any way may be affected by the functions of his appointment was expressly prohibited by the Constitution. Thus, the
office. next Chairman was respondent Imperial whose term of 9 years must be
d) Shall not be financially interested, directly or indirectly, in any deemed to have began on June 21, 1990 to expire on June 20, 1959.
contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies or instrumentalities,
including government-owned or controlled corporations or their
subsidiaries V. Other Perquisites
1. Composition and Qualification (Sec. 1) ISSUE: W/N employees of NASECO, a GOCC without original charter,
are governed by the Civil Service Law.
2. Scope of Civil Service [Sec. 2 (1)]
HELD: NO
NHA vs. Juco, 134 SCRA 172 The holding in NHC v Juco should not be given retroactive effect, that
F: Juco was an employee of the NHA. He filed a is to cases that arose before its promulgation of Jan 17, 1985. To do
complaint for illegal dismissal w/ MOLE but his case was otherwise would be oppressive to Credo and other employees
dismissed by the labor arbiter on the ground that the NHA is a govt - similarly situated because under the 1973 Constitution but
owned corp. and jurisdiction over its employees is vested in the CSC. prior to the ruling in NHC v Juco, this court recognized the
On appeal, the NLRC reversed the decision and remanded the case to applicability of the Labor jurisdiction over disputes involving terms
the labor arbiter for further proceedings. NHA in turn appealed to and conditions of employment in GOCC's, among them NASECO.
the SC.
In the matter of coverage by the civil service of GOCC, the 1987
ISSUE: Are employees of the National Housing Corporation, a GOCC Consti starkly differs from the 1973 constitution where NHC v Juco
without original charter, covered by the Labor Code or by laws and was based. It provides that the "civil service embraces all branches,
regulations governing the civil service? subdivisions, instrumentalities, and agencies of the Government,
including government owned or controlled corporation with original
HELD: Sec. 11, Art XIIB of the Constitution specifically provides: charter." Therefore by clear implication, the civil service does not
"The Civil Service embraces every branch, agency, subdivision and include GOCC which are organized as subsidiaries of GOCC under the
instrumentality of the Government, including every government general corporation law.
owned and controlled corporation. The inclusion of GOCC within the
embrace of the civil service shows a deliberate effort at the framers to
plug an earlier loophole which allowed GOCC to avoid the full
consequences of the civil service system. All offices and firms of the 3. Appointment & removal [Sec. 2 (2)]
government are covered.
De los Santos vs. Mallare, 87 Phil 289
This constitutional provision has been implemented by statute PD Facts: Eduardo de los Santos, the petitioner was appointed City
807 is unequivocal that personnel of GOCC belong to the civil service Engineer of Baguio on July 16, 1946, by the President, appointment
and subject to civil service requirements. which was confirmed by the Commission on Appointments on
August 6, and on the 23 rd of that month, he qualified for and began to
"Every" means each one of a group, without exception. This case exercise the duties and functions of the position. On June1, 1950, Gil
refers to a GOCC. It does not cover cases involving private firms R. Mallare was extended an ad interim appointment by the President
taken over by the government in foreclosure or similar proceedings. to the same position, after which, on June 3, the Undersecretary of
the Department of Public Works and Communications directed
xxx Santos to report to the Bureau of Public Works for another
For purposes of coverage in the Civil Service, employees of govt assignment. Santos refused to vacate the office, and when the City
owned or controlled corps. Whether created by special law or Mayor and the other officials named as Mallare's co-defendants
formed as subsidiaries are covered by the Civil Service Law, not the ignored him and paid Mallare the salary corresponding to the
Labor Code, and the fact that pvt. corps. owned or controlled by the position, he commenced these proceedings.
govt may be created by special charter does not mean that such
corps. not created by special law are not covered by the Civil Service. ISSUE: Whether or not the President may remove a city engineer, a
xxx position that is neither confidential, policy determining nor highly
technical at pleasure.
The infirmity of the resp's position lies in its permitting the
circumvention or emasculation of Sec. 1,Art. XIIB [now Art IX, B, Sec. HELD: No
2 (1)] of the Constitution. It would be possible for a regular ministry Every appointment implies confidence, but much more than
of govt to create a host of subsidiary corps. under the Corp. Code ordinary confidence is reposed in the occupant of a position that is
funded by a willing legislature. A govtowned corp. could create primarily confidential. A primarily confidential position is one
several subsidiary corps. These subsidiary corps. would enjoy the which denotes not only confidence in the aptitude of the
best of two worlds. Their officials and employees would be appointee for the duties of the office but primarily close
privileged individuals, free from the strict accountability required by intimacy which ensures freedom from intercourse without
the Civil Service Dec.and the regulations of the COA. Their incomes embarrassment or freedom from misgivings or betrayals of
would not be subject to the competitive restraint in the open market personal trust or confidential matters of state.
nor to the terms and conditions of civil service employment.
Conceivably, all govtowned or controlled corps. could be created, Nor is the position of city engineer policy-determining. A city
no longer by special charters, but through incorp. under the engineer does not formulate a method of action for the government
general law. The Constitutional amendment including such or any its subdivisions. His job is to execute policy, not to make it.
corps. in the embrace of the civil service would cease to have With specific reference to the City Engineer of Baguio, his powers
application. Certainly, such a situation cannot be allowed. and duties are carefully laid down for him be section 2557 of the
Revised Administrative Code and are essentially ministerial in
character.
Finally, the position of city engineer is technical but not highly so. A
National Service Corp. vs. NLRC, 168 SCRA 122 city engineer is not required nor is he supposed to possess a
The civil service does not include Government owned or technical skill or training in the supreme or superior degree, which
controlled corporations (GOCC) which are organized as is the sense in which "highly technical" is, we believe, employed in
subsidiaries of GOCC under the general corporation law the Constitution. There are hundreds of technical men in the
classified civil service whose technical competence is not lower than
F: Eugenio Credo was an employee of the National Service that of a city engineer. As a matter of fact, the duties of a city
Corporation. She claims she was illegally dismissed. NLRC ruled engineer are eminently administrative in character and could very
ordering her reinstatement. NASECO argues that NLRC has no well be discharged by non-technical men possessing executive
jurisdiction to order her reinstatement. NASECO as a government ability.
corporation by virtue of its being a subsidiary of the NIDC, which is
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wholly owned by the Phil. National Bank which is in turn a GOCC, the
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Salazar vs. Mathay, 73 SCRA 275 dismissed from office his term has merely expired. But even granting
for the sake of argument, that petitioner's position was not primarily
Facts: On January 20, 1960, petitioner Melania C. Salazar was confidential and that therefore her removal from said position for loss
appointed by the Auditor Generals confidential agent in the Office of of confidence was in violation of her security of tenure as a civil service
the Auditor General, Government Service Insurance System (GSIS). employee, yet by her acceptance of the position of Junior Examiner in
Her appointment was noted by the Commissioner of Civil Service. On the Office of the Auditor, GSIS on April 1, 1976, she was deemed to have
March 28, 1962 and on February 12, 1965 she was extended another abandoned former position of confidential agent in the same office.
appointment by way of promotion, as confidential agent in the
same office. On March 18, 1966, petitioner received a notice from the
Auditor General that her services as confidential agent have been Besa vs. PNB, 33 SCRA 330
terminated as of the close of office hours on March 31, 1966. On Facts:
March 31, 1966, the Auditor General upon favorable Tomas Besa was appointed Chief Legal Counsel with the rank of
recommendation of Mr. Pedro Encabo, Auditor of the GSIS issued an Vice President of PNB. By virtue of a resolution by PNB president
appointment to petitioner as Junior Examiner in his office which was Roberto Benedicto, he became Consultant on Legal Matters.
approved by the Commission of Civil Service. On the same day, Conrado Medina took over his position. PNB justified by sayingthat:
petitioner assumed the position. On December 27, 1966, petitioner The position of Chief Legal Counsel carries a special confidential
wrote the Commissioner of Civil Service requesting that she be relationship of lawyer and client and thus they have the prerogative
reinstated to her former position as confidential agent. However, no to designate or change its lawyer. The transfer was made by the
action was taken on said letter. Petitioner filed a petition for Board in the exercise of its powers, upon recommendation of the
mandamus with the Supreme Court to compel the Auditor General to PNB president.
reinstate her to her former position but the Supreme Court Resolution No. 1053: by BOD: shifted Besa to Office of President as
dismissed the petition without prejudice to her filing the proper Consultant on Legal Matters, without change in salary and other
action to the Court of First Instance. privileges
In the case before us, the provision of Executive Order No. 265, Dario vs. Mison, 176 SCRA 84 (1989)
declaring ...confidential agents in the several department and offices Facts:
of the Government, unless otherwise directed by the President, to be Dario: Deputy Commissioner of the Bureau of Customs. On March 25,
primarily confidential brings within the fold of the aforementioned 1986, Aquino promulgated Proclamation No. 3DECLARING A
executive order the position of confidential agent in the Office of the NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY
Auditor, GSIS, as among those positions which are primarily THE PEOPLE, PROTECTING THEIR BASICRIGHTS, ADOPTING A
confidential. PROVISIONALCONSTITUTION, AND PROVIDING FOR ANORDERLY
TRNASITION TO AGOVERNMENTUNDER NEW CONSTITUTIONEO
(2) Yes. Her position being primarily confidential, petitioner cannot 127, Reorganization Program, was also issued. Several acts and rules
complain that the termination of her services as confidential agent is were issued to comply with the proclamation. January 6, 1988,Mison
in violation of her security of tenure, primarily confidential positions issued a memorandum for employees where the latter shall be:
are excluded from the merit system, and dismissal at pleasure of Informed of their reappointment, or Offered another position in the
officers or employees therein is allowed by the Constitution. This same department or agency, Informed of their termination. As a
should not be misunderstood as denying that the incumbent of a result, Dario was one of the many whose services were terminated
primarily confidential position holds office at the pleasure only of subject to normal clearances and possible receipt of retirement
the appointing power. benefits under existing laws, rules, and regulations. Hereafter, the
Civil Service Commission reinstated hundreds of employees who
Important: It should be noted, however, that when such pleasure turns were separated by Mison. Mison charged the CSC with grave abuse of
into displeasure, the incumbent is not removed or dismissed from discretion, a case that could be subject to judicial review without
office his term merely expires, in much the same way as officer, whose prejudice to the powers of CSC to have the final say to cases involving
right thereto ceases upon expiration of the fixed term for which he had its employees and officers. Dario invoked security of tenure.
been appointed or elected, is not and cannot be deemed removed or
dismissed there from, upon the expiration of said term. Issues:
1.Is it constitutional to separate career civil service employees not
The main difference between the former the primarily for cause but as a result of the reorganization pursuant to
confidential officer and the latter is that the latter's term is fixed Proclamation3 dated March 25m 1986?
of definite, whereas that of the former is not pre-fixed, but
indefinite, at the time of his appointment or election, and Yes. Under Section 16 of Article18: Transitory Provisions of the
becomes fixed and determined when the appointing power Constitution. It also applies to separations as results of
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expresses its decision to put an end to the services of the reorganization after the ratification of the Consti.
incumbent. When this even takes place, the latter is not removed or
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2.Was there a valid reorganization in the Bureau of Customs by him of the other qualifications prescribed for an elective
occurring at that time which would validate Darios and several provincial office not being challenged, he is not ineligible to the
others separation from office? office of provincial governor to which he has been elected.
NO. NO change in the staffing pattern prescribed by Section 34 The constitutional provision mentioned contemplates only those in
of EO 127 was made even after Mison took office. Mison the active service otherwise it would lead to widespread
separated 394 Customs personnel but replaced them with 522. This disqualification of the majority of the able bodied men who are part
was proof that such separations were not made to improve the of the reserve corps of the armed forces from voting and from being
bureaucracy andmake them more efficient. voted upon.
It was also a defiance of Presidentsdirective to halt further lay-offs Raison d' etre for the disqualification: Members of the armed forces
as aconsequence of reorganization. are servants of the State and not the agents of any political group.
Mison did not follow procedures laid downby EO 127 regarding lay-
offs.3.Could Mison remove Cesar Dario fromoffice?
No. Dario was a presidentialappointee and thus Mison had
noauthority to terminate Dario. Reinstated to positions 6. Right to Self-Organization [Sec. 2 (5)]
The position of department secretaries is not embraced and HELD: Employees in the Civil Service may not resort to strikes,
included within the terms officers and employees in the Civil walkouts and other temporary work stoppages, like workers in the
Service; private sector, in order to pressure the Govt. to accede to their
demands. As now provided under Sec. 4, Rule III of the Rules and
When Santos, a Nacionalista campaigned for Gov. Martin, a candidate Regulations to Govern the Exercise of the Right of Govt. EEs to Self
of the Nacionalista Party, he was acting as a member of the Cabinet Organization which took effect after the initial dispute arose, the
in discussing the issues before the electorate and defending the terms and conditions of employment in the Govt, including any
actuations of the Administration to which he belongs; political subdivision or instrumentality thereof and govt. owned and
controlled corporations with original charters, are governed by law
The question of impropriety as distinct from illegality of such and employees therein shall not strike for the purpose of securing
campaign because of its deleterious influence upon the members of changes thereof.
the armed forces, who are administratively subordinated to the
Secretary of National Defense and who are often called upon by the The statement of the court in Alliance of Govt Workers v. Minister of
COMELEC to aid in the conduct of orderly and impartial elections, is Labor and Employment (124 SCRA 1) is relevant as it furnishes the
not justiciable by the court. rationale for distinguishing bet. workers in the private sector and
govt employees w/ regard to the right to strike?
Since the terms and conditions of govt. employment are fixed by law,
govt. workers cannot use the same weapons employed by workers in
Cailles vs. Bonifacio, 65 Phil 328 (1938). the private sector to secure concessions from their employers. The
principle behind labor unionism in private industry is that industrial
F: This is a quo warranto petition to oust respondent Bonifacio from peace cannot be secured through compulsion of law. Relations bet.
the office of Provincial Governor of Laguna. It is contended that at private employers and their employees rest on an essentially
the time he filed his certificate of candidacy and was elected to office, voluntary basis. Subject to the minimum requirements of wage laws
respondent was a Captain in the Philippine Army and for this reason, and other labor and welfare legislation, the terms and conditions of
is ineligible to that office. employment in the unionized private sector are settled through the
process of collective bargaining. In govt employment, however, it is
HELD: Section 2, Art. XI of the 1935 Const. (similar to the 1987 the legislature and, where properly given delegated power, the
provision) prohibits members of the Armed Forces from administrative heads of govt w/c fix the terms and conditions of
engaging in any partisan political activity or otherwise taking employment. And this is effected through statutes or administrative
part in any election except to vote, but it does not ex vi termini circulars, rules, and regulations, not through CBA's.
grant or confer upon them the right of suffrage. As Section 431 of
the Election Law, as amended disqualifies from voting only members EO 180, w/c provides guidelines for the exercise of the right to
in the active service of the Philippine Army and no claim is made organize of govt employees, while clinging to the same philosophy,
has, however, relaxed the rule to allow negotiation where the terms
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8. Disqualifications (Sec. 7)
Govt employees may, therefore, through their unions or associations,
either petition the Congress for the betterment of the terms and a. N/A to officials covered by Sec. 13, Art. VII
conditions of employment which are w/in the ambit of legislation or
negotiate w/ the appropriate govt agencies for the improvement of CLU vs. Executive Sec, 194 SCRA 317 (1991)
those w/ are not fixed by law. If there be any unresolved grievances, F: The petitioner challenged Ex. Order No. 284 which in effect
the dispute may be referred to the Public Sector LaborManagement allowed Cabinet members, their undersecretaries and asst.
Council for appropriate action. secretaries and other appointive officials of the Executive
Department to hold other positions in the govt., albeit, subject of the
Issue: W/N the RTC can enjoin the SSSEA from striking. limitations imposed therein. The respondents, in refuting the
petitioners' argument that the measure was violative of Art. VIII, Sec.
Held: Yes. EO 180 vests the Public Sector LaborManagement 13, invoked Art. IXB, Sec. 7, allowing the holding of multiple
Council with jurisdiction over unresolved labor disputes involving positions by the appointive official if allowed by law or by the
government employees. Clearly, the NLRC has no jurisdiction over pressing functions of his positions.
the dispute. The RTC was not precluded, in the exercise of its general
jurisdiction under BP 129, as amended, from assuming jurisdiction HELD: By ostensibly restricting the no. of positions that Cabinet
over the SSS's complaint for damages and issuing the injunctive writ members, undersecretaries or asst. secretaries may hold in addition
prayed for therein. Unlike the NLRC, the PSLM Council has not been to their primary position to not more than 2 positions in the govt.
granted by law authority to issue writs of injunction in labor and GOCCs, EO 284 actually allows them to hold multiple offices or
disputes within its jurisdiction. Thus, since it is the Council and the employment in direct contravention of the express mandate of
NLRC that has jurisdiction over the instant labor dispute, resort to
general courts of law for the issuance of a writ of injunction to enjoin Art. VIII, Sec. 13 prohibiting them from doing so, unless
the strike is appropriate. otherwise provided in the 1987 Constitution itself. If maximum
benefits are to be derived from a dept. head's ability and expertise,
he should be allowed to attend to his duties and responsibilities
without the distraction of other govt. offices or employment.
Manila Public School Teachers Association (MPSTA) vs.
Laguio, 200 SCRA 323 (1991) xxx
F: On September 17,1990, Monday, at least 800 public school
teachers proceeded to the national office of the DECS and aired their The stricter prohibition applied to the Pres. and his official family
grievances. The mass action continued into the week despite the under Sec. 13, Art. VII as compared to the prohibition applicable to
DECS Secretary's RETURN TO WORK order. The Secretary filed appointive officials in general under Art. IX, B, Sec. 7, par. 2 are proof
administrative charges against the protesting teachers. The of the intent of the 1987 Consti. to treat them as a class by itself and
Secretary rendered the questioned decisions in the administrative to impose upon said class stricter prohibitions.
proceeding. He dismissed some teachers and placed others in under Thus, while all other appointive officials in the civil service are
suspension. Two separate petitions were filed to assail the validity of allowed to hold other office or employment in the govt during their
the return to work order and his decisions in the administrative tenure when such is allowed by law or by the primary functions of
proceeding. their positions, members of the Cabinet, their deputies and
assistants may do so only when expressly authorized by the Consti.
ISSUE: WHETHER OR NOT THE MASS ACTIONS ARE CONSIDERED itself. xxx
AS STRIKES?
However, the prohibition against holding dual or multiple offices or
HELD: Yes. The mass actions constituted a concerted and employment under Art. VII, Sec. 13 must not be construed as
unauthorized stoppage of, or absence from work, which it was the applying to posts occupied by the Executive officials specified
teachers' duty to perform, undertaken for essentially economic therein w/o addition compensation in an exofficio capacity as
reasons. provided by law and as required by the primary functions of said
official's office. The reason is that these posts do not comprise "any
ISSUE: WHETHER OR NOT PUBLIC SCHOOL TEACHERS CAN other office" w/in the contemplation of the constitutional
STRIKE? prohibition but are properly an imposition of additional duties and
function on said officials.
HELD: No. Employees of the public service do not have the right to
strike although they have the right to self organization and negotiate
with appropriate government agencies for the improvement of
working conditions.
9. Standardization of Compensation (Sec. 5)
ISSUE: WHETHER OR NOT DUE PROCESS WAS OBSERVED a. Read the salient features of RA 6758 (Salary
DURING THE ADMINISTRATIVE PROCEEDINGS? Standardization Law )
appointment for the post of agent- collector on a part-time basis in payment to the employee of such amount from the salary of the
favor of Plaintiff-Appellant Braulio Quimson, with compensation of officers so liable.
P720 per annum, the appointment to take effect upon assumption of
duty. Section 691 of the Administrative Code above reproduced refers and
applies to unlawful employment and not to unlawful compensation.
At the time, Quimson was deputy provincial treasurer and municipal The appointment or employment of Plaintiff-Appellant Quimson as
treasurer of Caloocan, Rizal. Defendant-Appellee Roman Ozaeta who agent-collector was not in itself unlawful because there is no
by reason of his office of Secretary of Justice was acting as Chairman incompatibility between said appointment and his employment as
of the Board of Directors, signed the appointment and forwarded the deputy provincial treasurer and municipal treasurer. In fact, he was
papers to the President through the Secretary of Finance for appointed agent-collector by reason of his office, being a municipal
approval. Without waiting for the said approval Quimson assumed treasurer. There is no legal objection to a government official
his position on May 6, 1948 and rendered service as agent-collector occupying two government offices and performing the functions of
of the Administration until October 21, 1949, inclusive, when he was both as long as there is no incompatibility. Clerks of court are
informed that because of the disapproval of his appointment, his sometimes appointed or designated as provincial sheriffs. Municipal
services were considered terminated. There were several objections Treasurers like Plaintiffare often appointed and designated as
to his appointment, among them that of the Auditor General on the deputy provincial treasurer. The Department Secretaries are often
ground that since Quimson was deputy provincial treasurer and designated to act as Chairman or members of Board of Directors of
municipal treasurer of Caloocan, his additional compensation as government corporations. The objection or prohibition refers to
agent-collector would contravene the Constitutional prohibition double compensation and not to double appointments and
against double compensation. performance of functions of more than one office.
The Commissioner of Civil Service said that he would offer no According to law, under certain circumstances, the President
objection to the additional compensation of Quimson as agent- may authorize double compensation in some cases, such as
collector provided it was authorized in a special provision exempting government officials acting as members with compensation in
the case from the inhibition against the payment of extra government examining boards like the bar examinations, or
compensation in accordance with section 259 of the Revised department secretaries acting as members of Board of
Administrative Code. In this connection, it may be stated that this Directors of government corporations, and in such cases the
section of the Administrative Code provides that in the absence of prohibition against double compensation is not observed. This
special provision, no officer or employee in any branch of the undoubtedly, was the reason why the appointment of Quimson had
Government service shall receive additional compensation on to be coursed through different offices like the Department of
account of the discharge of duties pertaining to another or to the Finance, the Civil Service Commission, and the Office of the Auditor
performance of public service of whatever nature. Faustino Aguilar General to the President for approval. If the President approves the
as manager of the Administration asked for the reconsideration of double compensation, well and good. The appointee whose
the ruling of the Auditor General, alleging that the appointment of appointment may then be regarded as valid from the beginning
the Plaintiff was for reasons of economy and efficiency, but the could receive extra compensation. If it is disapproved, then the
Auditor General denied the request stating that reasons of economy appointment will have to be withdrawn or cancelled, unless of
and efficiency are not valid grounds for evading the constitutional course, the appointee was willing to serve without compensation, in
prohibition against additional compensation in the absence of a law which case there could be no valid objection. This is another proof
specifically authorizing such compensation. So, the services of that the appointment of Quimson was not illegal or unlawful. It was
Quimson as agent-collector of the Administration were terminated. only the double compensation that was subject to objection. The
But R. Gonzales Lloret, then manager of the Administration on trouble was that Plaintiff herein assumed office without waiting for
October 18, 1949, inquired from the auditor of the Administration the result of the action to be taken upon his appointment and
whether Quimson could be paid for the period of actual service compensation by the President and the different offices which the
rendered by him from May 10, 1948, and the said auditor gave the appointment had to go through.
opinion that it could not be done for the reason that in his opinion
the appointment extended to Quimson was clearly illegal and the
Administration may not be obliged to pay him for the services
rendered since it was a violation of section 3, Article XII, of the
Constitution prohibiting double compensation.
At the same time he expressed the opinion that under section 691 of
the Revised Administrative Code the appointing official who made
the illegal appointment should be made liable for the payment of
salary of the appointee, and consequently, Plaintiff should claim his
salary for services rendered against said appointing officer. It is
highly possible that this opinion was what induced and prompted
Quimson to file the present case against Roman Ozaeta who, as
Chairman of the Board, signed his appointment, and the members of
the said Board, namely: Faustino Aguilar, Vicente Fragante, Roman
Fernandez and Pedro Magsalin.
Issue:
Whether or not Plaintiffs complaint for the recovery of accrued
salaries as provincial treasurer and municipal treasurer must be
denied on the ground of the constitutional prohibition against
double compensation
Held:
personally liable for the pay that would have accrued had the
employment been lawful, and the disbursing officer shall make 2. Powers and Functions
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a. Enforce Election Laws [Sec. 2 (1) and 2 (6)] The foregoing petition was met by petitioner Uso Dan Aguam with an
answer and a motion to dismiss. After making certain denials and
Aguam vs. Comelec, 23 SCRA 883 admissions, petitioner herein raised in Comelec the issues, amongst
others, of jurisdiction and time-bar.
USO DAN AGUAM, PETITIONER, VS. THE COMMISSION ON
ELECTIONS AND ALIM BALINDONG, RESPONDENTS. LUCMAN, It was while the case was pending in Comelec, after the parties have
DE SANTOS AND DELFINO FOR PETITIONER. RAMON A. been heard, that the controverted order of April 27, 1968 was issued.
GONZALES FOR RESPONDENT ALIM BALINDONG. RAMON
BARRIOS FOR RESPONDENT COMMISSION ELECTIONS.
Hence, the present petition. To maintain the status quo, we issued a
cease-and-desist order on May 10, 1968, upon a cash bond of
EN BANC P1,000.00. Upon the petition, respondents returns, and the oral
arguments, the case is now before us for decision.
SANCHEZ, J.:
1. By constitutional mandate, Comelec shall have exclusive charge of
In this, a petition for certiorari and prohibition with prayer for the enforcement and administration of all laws relative to the conduct
preliminary injunction, petitioner Uso Dan Aguam seeks to annul the of elections and shall exercise all other functions which may be
resolution of the respondent Commission on Elections (Comelec) of conferred upon it by law. The Constitution enjoins Comelec to decide,
April 17,1968 declaring that it has jurisdiction to open the ballot box in save those involving the right to vote, all administrative questions,
Precinct 8 of the municipality of Ganassi, Lanao del Sur, and to conduct affecting elections. And, all of these are aimed at achieving an ideal:
an investigation into the authentic electoral return therefrom, upon free, orderly, and honest elections.2 Implementing the constitutional
petition of respondent Alim Balindong. Petitioner levels a major attack precept, Congress legislated in Section 3 of the Revised Election Code
on the jurisdiction of Comelec to inquire into the matters set forth in that, in addition to the powers and functions conferred by the
private respondents petition therein, hereinafter to be recited. Constitution, Comelec has direct and immediate supervision over the
Petitioner reasons out that that petition was filed out of time, and that provincial, municipal, and city officials designated by law to perform
after proclamation Comelec is bereft of power to order the opening of duties relative to the conduct of elections.
the ballot box to determine the genuineness of an election return.
The great breadth of the constitutional and statutory powers granted
But first to the controlling facts. Comelec has brought to the fore judicial pronouncements which have
long become guidelines. Time and again, this Court has given its
In the November, 1967 elections, amongst the aspirants for Mayor of imprimatur on the principle that Comelec is with authority to annul
Ganassi, Lanao del Sur, were: petitioner Uso Dan Aguam, official Liberal any canvass and proclamation which was illegally made.3 The fact that
Party candidate; respondent Alim Balindong, an independent Liberal; a candidate proclaimed has assumed office, we have said, is no bar to
and Ali Daud B. Marohombsar, official candidate of the Nacionalistas. the exercise of such power. It of course may not be availed of where
there has been a valid proclamation.4 Since private respondents
petition before Comelec is precisely directed at the annulment of the
It would appear that at the canvassing held in Marawi City on canvass and proclamation, we perceive that inquiry into this issue is
November 20,1967, petitioner Uso Dan Aguam was proclaimed Mayor- within the area allocated by the Constitution and law to Comelec. Not
elect of Ganassi. The minutes thereof reveal a close contest between that the view expressed herein is without reason. We draw from past
petitioner and respondent: Petitioner Uso Dan Aguam received 575 experience. A pattern of conduct observed in past elections has been
votes; respondent Datu Alim Balindong, 572 votes. the pernicious grab-the-proclamation-prolong-the-protest slogan of
some candidates or parties.5 Really, were a victim of a proclamation to
On November 21, 1967, apparently unaware of the canvassing held at be precluded from challenging the validity thereof after that
Marawi City the day before, respondent Alim Balindong went to the proclamation and the assumption of office thereunder, baneful effects
Court of First Instance of Lanao del Sur1 to restrain the board of may easily supervene. It may not be out of place to state that in the long
canvassers from canvassing the votes for mayoral candidates and from history of election contests in this country, as observed in Lagumbay vs.
proclaiming the results thereof. Bases of the petition are that 43 voters Climaco, supra, a successful contestant in an election protest often wins
were permitted to cast their votes in Precinct 5 by virtue of an unlawful but a mere pyrrhic victory, i.e., a vindication when the term of office is
order of the municipal judge and that the election returns in Precinct 8 about to expire or has expired. Protests, counter-protests, revisions of
were tampered with to favor petitioner herein. Petitioner there ballots, appeals, dilatory tactics, may well frustrate the will of the
intervened and, inter alia, challenged the jurisdiction of the Court of electorate. And what if the protestant may not have the resources and
First Instance. The case ended up with the courts order of December an unwavering determination with which to sustain a long drawn-out
21, 1967 dismissing the petition upon a no-jurisdiction ground. election contest? In this context therefore all efforts should be strained
Allegedly, copy of this order was served on respondent Alim Balindong as far as is humanly possible to take election returns out of the
on January 4, 1968. reach of the unscrupulous; and to prevent illegal or fraudulent
proclamation from ripening into illegal assumption of office.
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Art. IX. The Constitutional Commissions
ballot box. Nothing in the same minutes would show that anyone of We are unprepared to say that inaction for an unreasonable period may
those four returns was used. Nor do the minutes mention the presence not block him. Even then, considering the steps taken by respondent,
of candidates or their representatives in the canvassing. A probe into first, in the Court of First Instance, and second, in the Comelec, the time
these facts is important. gap between the alleged illegal proclamation of November 20, 1967
and the petition before Comelec of January 6, 1968 does not authorize
this Court to say that respondent Alim Balindong is guilty of laches.
We have but to reiterate the oft-cited rule that the validity of a
proclamation may be challenged even after the irregularly proclaimed
candidate has assumed office. We hold that Balindongs petition before Comelec was timely filed; and
that Comelec has jurisdiction to inquire into the nullity of the
November 20, 1967 proclamation, and consequently to inquire into the
2. We now grapple with the problem of the alleged nullity of Comelecs
tampering of the election return in Precinct 8.
resolution of April 27, 1968. It will be recalled that respondent Alim
Balindong has complained of the tampering of the return in Precinct 8
before the Court of First Instance and before Comelec. The Comelec For the reasons given, the petition for certiorari and prohibition is
copy of the return of Precinct 8 (Annex 2 of Comelecs answer to the hereby denied; and the preliminary injunction heretofore issued is
petition before this Court) gives Comelec a good starting point upon hereby set aside.
which to look into the authenticity of the return from said precinct.
Because, so Comelec alleges, the entries of votes therein for respondent
Costs against petitioner. So ordered.
Alim Balindong are crossed out by heavy pencil marks and written
thereon is the word eight and figure 8. Comelec also underscores
the fact that this runs counter to the certificate of votes signed by all Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro and
the members of the board of inspectors of Precinct 8 where it appears Angeles, JJ., concur.
that Alim Balindong obtained thirteen votes. Decisive of the political Fernando, J., is on leave.
fortunes of petitioner and respondent Balindong is the difference of 5
votes. Heretofore adverted to is that petitioner herein upon the
disputed canvass won by 3 votes. With these, the probability that
respondent Alim Balindong is rightfully entitled to proclamation may
not easily be shrugged off. If only for the fact that proclamation should Abcede vs. Imperial, GR L-13001, 3/18/59
be made within the limits of accepted notions of justice, and also G.R. No. L-13001, March 18, 1958
because a candidate is not to be turned away upon a proclamation
allegedly riddled with irregularities in various forms that affect its FACTS: Prior to September 7, 1957, petitioner Alfredo Abcede filed,
validity, investigation of the tampering here charged, is proper. The with the Commission on Elections, his certificate of candidacy for the
power of Comelec to do this is now beyond debate.7 And, we have Office of the President of the Philippines, in connection with the
specifically declared in Cauton vs. Commission on Elections, 19 elections to be held on November 12 of the same year. On or about
Supreme Court Reports Anno. 911, 923, that in ordering the opening said date, Abcede and other candidates were summoned by the
of the ballot boxes the purpose of the Commission is not to help a Commission on Elections to appear before the same on September
particular candidate win an election but to properly administer and 23, 1957, "to show cause why their certificates of candidacy should
enforce the laws relative to the conduct of elections. be considered as filed in good faith and to be given due course," that
their failure to appear would be sufficient ground to deny said
certificates. After due hearing, the certificates were considered not
We, therefore, rule that certiorari and prohibition will not lie against
given due course. A reconsideration of such resolution having been
the challenged resolution of April 27, 1968.
denied, Abcede filed petition before the Supreme Court.
3. The stress of petitioners argument is that respondent Alim ISSUE: Whether or not COMELEC can deny due course to a
Balindong filed his petition on January 6, 1968, i.e., long after the certificate of candidacy of an aspiring candidate.
proclamation of November 20, 1967. It is petitioners trenchant claim
that since the two-week period from proclamation, allowed for RULING: No. While the Constitution has given the Commission on
protests, had long elapsed, Comelec is without power to entertain the Elections the "exclusive charge" of the enforcement and
same it had no jurisdiction. administration of all laws relative to the conduct of elections," the
power of decision of the Commission is limited to purely
Petitioner draws our attention to the cases of De Leon vs. Imperial, 94 "administrative questions." It cannot determine who among those
Phil. 680, and Abes vs. Commission on Elections, L-283-48, December possessing the qualifications prescribed by the Constitution, who
15, 1967. These cases, however, are not to be read as throwing have complied with the procedural requirements relative to the
overboard Comelecs authority to inquire into whether or not a filing of certificates of candidacy - should be allowed to enjoy the full
proclamation is null and void. For, these cases merely emphasize the benefits intended by law therefor. This is a matter of policy, not of
rule that where a proclamation is validly made, errors in the administration and enforcement of the law, which policy must be
proclamation may not be raised in a full-dress election determined by Congress in the exercise of its legislative functions.
protest.1vvphi1.ne t
The ratiocination advanced by petitioner fails to take stock of the fact Philippine Press Institute (PPI) vs. Comelec,
that where a proclamation is null and void, that proclamation is no 244 SCRA 272
proclamation at all. This is axiomatic. To be remembered is Mutuc vs. Facts: Respondent Comelec promulgated Resolution No. 2772
Commission on Elections, supra, citing Demafiles vs. Commission on directing newspapers to provide free Comelec space of not less than
Elections, supra. Our ruling there is this: It is indeed true that after one-half page for the common use of political parties and candidates.
proclamation the usual remedy of any party aggrieved in an election is The Comelec space shall be allocated by the Commission, free of
to be found in an election protest. But that is so only on the assumption charge, among all candidates to enable them to make known their
that there has been a valid proclamation. Where as in the case at bar qualifications, their stand on public Issue and their platforms of
the proclamation itself is illegal, the assumption of office cannot in any government. The Comelec space shall also be used by the
way affect the basic issues. Commission for dissemination of vital election information.
And then, Comelec has yet to determine when respondent Alim Petitioner Philippine Press Institute, Inc. (PPI), a non-profit
Balindong actually had knowledge of the proclamation of November 20, organization of newspaper and magazine publishers, asks the
1967. Supreme Court to declare Comelec Resolution No. 2772
unconstitutional and void on the ground that it violates the
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General claimed that the Resolution is a permissible exercise of the affecting the election, returns and qualifications of public officers came
power of supervision (police power) of the Comelec over the under the complete jurisdiction of the competent court or tribunal
information operations of print media enterprises during the from beginning to end and in the exercise of judicial power only. It
election period to safeguard and ensure a fair, impartial and credible therefore could not have been the intention of the framers in 1935,
election. when the Commonwealth charter was imposed, to divide the electoral
process into the preproclamation stage and the postproclamation stage
Issue: and to provide for a separate jurisdiction for each stage, considering
Whether or not Comelec Resolution No. 2772 is unconstitutional. the first admin. and the second juridical.
Held: The Supreme Court declared the Resolution as Contests. The word "contests" should not be given a
unconstitutional. It held that to compel print media companies to restrictive meaning; on the contrary, it should receive the widest
donate Comelec space amounts to taking of private personal possible scope conformably to the rule that the words used in the
property without payment of the just compensation required in Consti. should be interpreted liberally. As employed in the 1973 Consti.,
expropriation cases. Moreover, the element of necessity for the the term should be understood as referring to any matter involving the
taking has not been established by respondent Comelec, considering title or claim of title to an elective office, made bef. or after
that the newspapers were not unwilling to sell advertising space. proclamation of the winner, whether or not the contestant is claiming
The taking of private property for public use is authorized by the the office in dispute.
constitution, but not without payment of just compensation. Also
Resolution No. 2772 does not constitute a valid exercise of the police Elections, returns and qualifications. The phrase
power of the state. In the case at bench, there is no showing of "elections, returns and qualifications" should be interpreted in its
existence of a national emergency to take private property of totality as referring to all matters affecting the validity of the
newspaper or magazine publishers. contestee's title. But if it is necessary to specify, we can say that election
refers to the conduct of the polls, including the listing of voters, holding
of electoral campaign, and casting and counting of votes. "returns" to
the canvass of the returns and the proclamation of the winners,
De Jesus vs. Pp., 120 SCRA 760 including questions concerning the composition of the board of
In De Jesus v People, 120 SCRA 760 (1983), it was ruled that a canvassers and the authenticity of the election returns; and
government official (COMELEC Registrar) who violated the election "qualifications" to matters that could be raised in a quo warranto
law ( tampering with returns to make it appear that there were more proceeding against the proclaimed winner, such as his disloyalty, or
registered voters) must be prosecuted by the COMELEC, before the ineligibility, or the inadequacy of his certifi cate of candidacy.
RTC, not the Sandiganbayan. The 1978 Election Code is clear that the
COMELEC shall have the power to conduct preliminary investigations As correctly observed by the petitioner, the purpose of Sec. 3
of all election offenses, and that the RTC has exclusive original in requiring that cases involving members of the BP be heard and
jurisdiction to try and decide such cases. It is not the character or decided by the Commission en banc was to insure the most careful
personality of the offender (public official) but the crime committed consideration of such cases. Obviously, that objective could not be
(violation of election law) that determines jurisdiction. This provision achieved if the Commission could act en banc only after the
of the 1978 Election Code has been integrated in the 1987 proclamation had been made, for it might then be too late already. We
Constitution. are only too familiar w/ the "grabthe proclamationanddelaythe
protest" strategy in the frustration of the popular will and the virtual
defeat of the real winners in the election. VV.
b. Decide Election Contests [Sec. 2 (2); Sec. 3] The jurisdiction of the COMELEC as the judge of election
contests involving the election, returns, and qualifications of elective
Javier vs. Comelec, 144 SCR 194 officials has been bee restricted to elective local officials under the
Under the 1973 Constitution, even PreProclamation Controversies 1987 Constitution. The judge in the Presidential Election, as noted, is
Involving Members of the Batasang Pambansa Must be Decided by the the SC acting as Electoral Tribunal. The judge in the Congressional
COMELEC en banc. elections, is the respective Electoral Tribunal of the Senate and House
of Representatives.
F: Petitioner Evelio Javier filed a petition for certiorari to annul a
decision of the COMELEC's Second Division proclaiming Arturo
Pacificador elected member of the BP representing Antique
Province. He contended that under the 1973 Consti., all contests, Flores vs. Comelec, 184 SCRA 484
involving members of the BP, must be decided by the COMELEC en F: RF was proclaimed as punong barangay. His election was
banc. protested by NR. The Municipal Circuit Trial Court sustained NR &
installed him as punong barangay. RF appealed to the RTC w/c
Art. XII, C, Sec. 2 (2) of the 1973 Consti. provided that the COMELEC affirmed the challenged decision. RF then went to the COMELEC but
"(shall) be the sole judge of all contests relating to the election, his appeal was dismissed on the ground that the COMELEC had no
returns and qualifications of all members of the BP and elective power to review the decision of the RTC based in Sec. 9 of RA 6679
provincial and city officials." Sec. 3, on the other hand, provided that (Local Gov't Code)
"All election cases may be heard and decided by divisions except
contests involving members of the BP, w/c shall be heard and Issue: W/in the COMELEC has jurisdiction
decided en banc." The former Sol.Gen. argued that the controversy in
this case is still in the admin. stage and so is to be resolved by the Held: Under Art IXC, Sec 2(2) of the Constitution, the COMELEC shall
COMELEC under its power to administer all election laws, not under have jurisdiction, hence, Sec. 9 of RA 6679 insofar as it provides that
its authority as sole judge of election contests, bec. until one of the the decision of the municipal or metropolitan court in a barangay
candidates was proclaimed, there could be no contest, in w/c the case should be appealed to the RTC must be declared
contestant seeks not only to oust the intruder but also to have unconstitutional.
himself inducted into office. On the other hand, the new SolGen
sought the dismissal of the case as moot and academic on the ground P had a right to presume the law as valid. Hence his appeal to the
that the petitioner had been killed apparently for political reason RTC would be considered as an appeal to the COMELEC. Decisions of
and that the BP had been abolished after the Feb. 1986 Revolution. the COMELEC on election contests involving municipal & barangay
officer shall be final & unappealable with respect to questions of fact
HELD: xxx & not of law. Art IX6 Sec 2(2) of the Consti was not intended to divert
the SC of its authority to resolve questions of law as inherent in the
(2) It is worth observing that the special procedure for the judicial power conferred upon it by the Constitution.
settlement of what are now called "pre proclamation controversies" is a
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Jose L. Guevara vs. Comelec, 104 Phil 269 Held: The 45-day campaign period is constitutional. Although
G.R. No. L-12596 July 31, 1958 the campaign period prescribed in the 1978 Election Code for the
FACTS: election of the representatives to the interim Batasang Pambansa is
Guevara was ordered by the COMELEC to show cause why he should less than 90 days and was decreed by the President and not by the
not be punished for contempt for having published in the newspaper Commission on Elections as provided by Section 6 of Article XII-C of
an article which tended to interfere with and influence the COMELEC the Constitution, the same does not violate the Constitution, because
awarding the contracts for the manufacture and supply of ballot under Amendment 1, the manner of election of members of the
boxes; and which article likewise tended to degrade, bring into interim Batasang Pambansa shall be prescribed and regulated by
disrepute, and undermine the exclusive constitutional function of law, and the incumbent President under Amendment No. 5, shall
this Commission and its Chairman continue to exercise legislative power until martial law shall have
Petitioner, filed a motion to quash on the following ground that the been lifted. Moreover, the election for members in the interim
Commission has no jurisdiction to punish as contempt the Batasang Pambansa is an election in a state of emergency requiring
publication of the alleged contemptuous article, as neither in the special rules, and only the incumbent President has the authority
Constitution nor in statutes is the Commission granted a power to so and means of obtaining information on the peace and order
punish the same. condition of the country within which an electoral campaign may be
adequately conducted in all regions of the nation. But even assuming
ISSUE: that it should be the Commission on Elections that should fix the
Whether or not the COMELEC has the power and jurisdiction to period of campaign, the constitutional mandate is complied with by
conduct contempt proceedings against Guevara in connection with the fact that the Commission has adopted and is enforcing the period
the publication of an article. fixed in Section 4, Article 1, of the 1978 Election Code.
RULING: No.
Although the negotiation conducted by the Commission has 4. Party System (Sec. 6-8)
resulted in controversy between several dealers, that however
merely refers to a ministerial duty which the Commission has
performed in its administrative capacity. It only discharged a 5. Funds (Sec. 11)
ministerial duty; it did not exercise any judicial function. Such being
the case, it could not exercise the power to punish for contempt as
postulated in the law, for such power is inherently judicial in nature. 6. Judicial Review of Comelec decisions
As this Court has aptly said: "The power to punish for contempt is
inherent in all courts; its existence is essential to the Anacleto Luison v. Fidel Garcia, 101 Phil 1218
preservation of order in judicial proceedings, and to the Ponente: Bautista Angelo J. (April 25, 1981)
enforcement of judgments, orders and mandates of courts, and, Facts:
consequently, in the administration of justice". We are therefore In the general elections held on November 8, 1955, Anacleto M.
persuaded to conclude that the Commission on Elections has no Luison and Fidel A. D. Garcia were the only candidates for
power nor authority to submit petitioner to contempt proceedings if mayor of Tubay, Agusan. The certificate of candidacy of Luison
its purpose is to discipline him because of the publication of the was filed by the Nacionalista Party of the locality duly signed by the
article mentioned in the charge under consideration. chairman and secretary respectively, while the certificate of
candidacy of Garcia was filed by the local branch of the Liberal Party
but it was merely signed by one who was a candidate for vice mayor.
For this reason, the executive secretary of the Nationalista Party
d. Deputize Law-Enforcement Agencies [Sec. 2 (4)] impugned the sufficiency of the certificate of candidacy filed in
behalf of Garcia, whereupon the Commission on Elections, after
making its own investigation, issued Resolution No. 23 declaring
e. Register Political Parties [Sec. 2 (5)] Garcia ineligible to run for the Office. Consequently, the Commission
on Elections who immediately implemented it by striking out the
name of Garcia from the list of registered candidates. Said secretary
f. Improve Elections [Sec. 2 (7) and 2 (9)] also relayed the instruction of the Commission on Elections to the
board of inspectors of every precinct and the board of canvassers so
that they may be guided accordingly and votes cast for him may not
g. Regulate public utilities and media during election be counted and instead be considered as stray votes.
period [Sec. 4] Notwithstanding the adverse ruling of the Commission on
Elections, as well as the dismissal of the petition for
prohibition sued out by Garcia, the latter continued with his
candidacy and the question of his ineligibility became an issue in the
3. Election Period (Sec. 9) campaign. And when the time came for the counting and
appreciation of the ballots, the board inspectors, in spite of the
a. Election period vs. campaign period adverse ruling of the Commission on Elections, counted all the votes
cast for Garcia as valid and credited him with them in the election
returns with the result that he garnered 869 votes as against 675 of
his opponent Luison. Consequently, the municipal board of
Peralta vs. Comelec, 82 SCRA 30 canvassers proclaimed Garcia as the mayor elect of Tubay, Agusan.
Facts:
Section 4 of the 1978 Election Code provides that the election period ISSUE: Whether or not the protestee being ineligible and protestant
shall be fixed by the Commission on Elections in accordance with having obtained the next highest number of votes, the latter can be
Section 6, Article XII[C] of the Constitution. The period of campaign declared entitled to hold the office to be vacated by the former.
shall not be more than forty-five days immediately preceding the
election, excluding the day before and the day of the election. RULING:
Petitioners questioned the constitutionality of the 45-day campaign The answer is in the negative. As this Court has held, "The general
period because: (a) it was decreed by the President and not by the rule is that the fact a plurality or a majority of the votes are
Commission on Elections as provided by Section 6 of Article XII-C cast for an ineligible candidate at a popular election does not
and (b) the period should cover at least ninety days (90). They argue entitle the candidate receiving the next highest number of votes to
that Section 6 of Article XII-C of the Constitution provides that the be declared elected. In such case the electors have failed to make a
election period shall commence ninety days before the day of choice and the election is a nullity. In a subsequent case, this Court
election and shall end thirty days thereafter. also said that where the winning candidate has been declared
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an express provision authorizing such declaration but apparently order of the commission was issued pursuant to its authority to
seems to prohibit it. enter into contracts in relation to election purposes. Hence, the said
resolution may not be deemed as a "final order" reviewable by
Moreover, a protest to disqualify a protestee on the ground of certiorari by the Supreme Court. Being non-judicial in character, no
ineligibility is different from that a protest based on frauds and contempt may be imposed by the COMELEC from said order, and no
irregularities where it may be shown that protestant was the one direct and exclusive appeal by certiorari to this Tribunal lie from
really elected for having obtained a plurality of the legal votes. In the such order. Any question arising from said order may be well taken
first case, while the protestee may be ousted the protestant will not in an ordinary civil action before the trial courts.
be seated; in the second case, the protestant may assume office after
protestee is unseated.
On October 16, 1969, Filipinas filed an Injunction suit with the then
Court of First Instance of Manila, docketed as Civil Case No. 77972,
against herein public respondents COMELEC Commissioners,
chairman and members of the Comelec Bidding Committee, and
private respondent. Filipinas also applied for a writ of preliminary
injunction. After hearing petitioner's said application, the
respondent Judge in an order dated October 20, 1969 denied the
writ prayed for. Acting on the motion (to dismiss), the respondent
Judge issued the questioned Order dismissing Civil Case No. 77972.
Filipinas' motion for reconsideration was denied for lack of merit.
What is contemplated by the term "final orders, rulings and C. The Commission on Audit (Art. IX-D)
decisions" of the COMELEC reviewable by certiorari by the Supreme
Courtas provided by law are those rendered in actions or 1. Composition and Qualifications (Sec. 1)
proceedings before the COMELEC and taken cognizance of by the
said body in the exercise of its adjudicatory or quasi-judicial powers. 2. Powers & Functions (Sec. 2)
In the case at bar, the order of the Commission granting the award to Ynchausti vs. Wright, 47 Phil 866
a bidder is not an order rendered in a legal controversy before it (see full text)
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wherein the parties filed their respective pleadings and presented We have held in the decision that, according to section 2, Article X
evidence after which the questioned order was issued; and that this of the Constitution, the Auditor-General has, in the present case,
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Art. IX. The Constitutional Commissions
discretional power to ascertain, before countersigning the commissioner of the Bureau of Customs, and Rafael M. Salas, then
aforesaid warrant, whether the disbursement in question is executive secretary of the Office of the President. The two were
illegal or not (Ynchausti & Co. v. Wright, 47 Phil., 866). officials appointed by Marcos, who defeated Macapagal in the 1965
presidential election.
The Supreme Court, on May 24, 1967, dismissed the suit of Gonzales,
Gonzales vs. Provincial Auditor, 12 SCRA 711 saying there was no proof that the burning of the blue-seal cigarettes
was not made in accordance with law
RAMON A. Gonzales of Lambunao, Iloilo, became a lawyer on March
12, 1956. He was elected councilor of Lambunao sometime in the
late 1950s.
Lamb vs. Phipps, 22 Phil 473
While serving as municipal councilor of Lambunao, he was Facts:
appointed by then Iloilo governor Jose C. Zulueta as his Assistant on Lamb was the superintendent of the Iwahig Penal Colony
Complaints and Investigation. Gonzales was given the salary of P250 until he resigned on Dec. 31, 1911 due to ill health. Before that he
every month. When he accepted his appointment as Gubernatorial was assigned as provincial treasurer for Marinduque, Mindoro
Assistant, Gonzales did not resign as councilor of Lambunao. The and Laguna. He requested the Auditor General, Phipps, for his
appointment was made effective July 1, 1961. clearance certificate (showing that Lamb has accounted for all
property and funds under his custody) in order that Lamb may be
On July 31, 1961, Atty. Ramon Gonzales presented a voucher allowed to leave the Philippines without incurring criminal
covering his salary as Assistant on Complaints and Investigation for liability.
July 1961 in the amount of P250 to the Provincial Auditor of Iloilo Phipps, although the records of the Auditor General show
for audit, but the latter refused to pass audit of the voucher, arguing that Lamb indeed has settled his accounts, refuses to issue the
that since Gonzales continued to hold office as municipal councilor certificate because a certain Fernandez may bring a civil suit
he may not legally be appointed as Assistant on Complaints and against the government. However the records also show that
Investigation with compensation payable from the provincial funds. Fernandez signed the receipt acknowledging payment from the
government.
On Aug. 2, 1961, Ramon Gonzales appealed his case to the Auditor The petition for mandamus, asking the SC to compel Phipps
General from the action of the Provincial Auditor. The Auditor to issue the certificate was demmurred to by the auditor because
General, on Nov. 26, 1961, upheld the decision of the Provincial it is a suit against the government and the petition states no cause
Auditor. of action.
The SC initially asked Lamb to amend his petition but the
Ramon Gonzales then went to the Court of First Instance of Iloilo on latter did not do so hence the SC decided the case upon the facts
Aug. 31, 1962, and filed a case for mandamus to direct the Provincial Lamb intended to make.
Auditor to pass in audit his vouchers. On Oct. 25, 1962, Judge
Pantaleon A. Pelayo denied the petition filed by Gonzales. The Court Issue:
of First Instance decision said Gonzales should have filed an appeal W/N Mandamus may issue to compel the auditor general to
with the Office of the President to exhaust administrative remedies issue the certificate of clearance of Lamb.
before going to the courts.
Ruling: NO
Gonzales, aggrieved of the decision of the Court of First Instance, The certificate of clearance is needed only for bonded
went to the Supreme Court, which on Dec. 28, 1964, affirmed the government employees and there is no averment that Lamb is a
decision of the Court of First Instance denying the petition for bonded employee other than having custody of government
mandamus. property and funds, however, the SC assumed that Lamb was a
bonded officer.
Ramon A. Gonzales then rose to national prominence when he went It is confidently contended that the Auditor is not obliged
to the Supreme Court and asked for a restraining order for the under the law to accept a mere paper accounting as final and
Commission on Elections from enforcing Republic Act 4913, or from conclusive as to the real responsibility of Government employees
performing any act that will result in the holding of the plebiscite for and to issue a clearance upon that alone. He may, it is true, if he is
the ratification of the constitutional amendments proposed in Joint satisfied; but certainly, he may, if he so desires and if he has any
Resolutions Nos. 1 and 3 of the two House of Congress of the doubt about the correctness of such accounts, make an actual
Philippines (referring to the House of Representatives and the examination of the funds and property represented by such paper
Senate) approved on March 16, 1967. accounts or balances.
Whenever a duty is imposed upon a public official and an
The action that Ramon Gonzales wanted declared unconstitutional unnecessary and unreasonable delay in the exercise of such duty
was the prelude of the Constitutional Convention that, a few years occurs, if it is clear duty imposed by law, the courts will intervene
later, convened and drafted what was later known as the 1973 by the extraordinary legal remedy of mandamus to compel action.
Marcos Constitution. If the duty is ministerial, the courts will require specific action. If
the duty is purely discretionary, the courts by mandamus will
Ramon Gonzales valiantly argued his case before the Supreme Court require action only. In the present case, however, the mandamus is
on behalf of the Filipino People, questioning the act of the Philippine not for the purpose of the compelling action only. It is presented
Congress as to its constitutionality. for the purpose of requiring particular action on the part of
the Auditor. There is a very wide distinction between the use
The Supreme Court ruled that, since there are less than eight votes of of the writ of mandamus to compel action and its use to
the justices declaring the acts of Congress as unconstitutional, the compel particular action on the part of a public official,
cases filed by Gonzales must be dismissed and the writ denied. board, or officer upon whom particular duties are imposed
by law.
The historic decision of the Supreme Court was made on Nov. 9, The following are the powers and duties of the Auditor
1967. History that unfolded later proved Gonzales correct when General:
President Marcos declared martial law on Sept. 21, 1972, and First, that the Auditor for the Philippine Islands has exclusive
abolished both houses of Congress. In the 1973 Constitution that
jurisdiction in the first instance to examine, audit, and settle all
was drafted by the convention, both houses were replaced by what
was called the Batasang Pambansa. accounts pertaining to the revenues and receipts from whatever
source of every governmental entity within the Philippine Islands.
Ramon Gonzales, in another gallant move, also questioned the
directive of then President Diosdado Macapagal to burn confiscated
Page5
Second, that his decision or the result of his accounting upon such
blue-seal cigarettes. Gonzales, on his own behalf as resident of Molo, revenues and receipts and accounts is final and conclusive upon
Iloilo City, hailed to the Supreme Court Juan Ponce Enrile, then all parties unless an appeal is taken within a period of one year.
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the warrant, and claimed and asserted that his powers and duties as
and properly within the jurisdiction of the courts, the courts Insular Auditor were in legal effect identical with those of the U. S.
will provide the remedy. Comptroller, and he then cited decisions of the Supreme Court of the
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United States to the effect that the court do not have any control over, during, and several days after a session, and employees
and do not review, the decisions of the Comptroller. within and outside of the Philippine Islands . . .
For a number of years, it has been and is now the policy of his court to
follow and respect the decisions of the Supreme Court of the United It must be conceded that the services of the petitioner come under the
States in so far as those decisions construe or apply to the law of the provision for "the appropriation for supplementary force." That is to
Philippine Islands, and if it be a fact that the Insular Auditor has the say, that he was employed as a "temporary clerk," and as such he is
same powers and duties as the U. S. Comptroller, we would follow and distinguished from a "permanent employee" of the Legislature, and that
approve those decisions. the services in question were rendered eighty-two days after the final
adjourment of the Legislature. Hence, if the words "several days after a
The voice of the argument made by the Insular Auditor in person lies in session" cannot legally be construed to cover and apply to the period in
his assumption that, under the law of the Philippine Islands, He has like question, the petitioner was not legally employed, and is not entitled to
powers and duties as the U. S. Comptroller under the laws of the United the compensation in question.
States.
As was pointed out in the Ynchausti case, 1 the law here expressly says No authority has been cited, and none will ever be found, construing
that the decisions of the Insular Auditor are binding upon the the words "several days" to cover and include a period of eighty-two
"executive branch" of the government. The fact that the law specifically days. A day has twenty-four hours, and there are seven days in a week,
says that his decisions are binding upon the "executive branch" of the and thirty days in a month, and twelve months, in a year. In using the
government, under all rules of statutory construction, clearly implies words "several days after a session," the Legislature must have known
and carries with it that his decisions are binding upon the executive the meaning of the words and their legal force and effect, and it is the
branch only, and that they are not binding upon any other branch of the duty of the court to so construe them.
government.
It is unnecessary in this opinion to define or specify the exact period of
Under the law of Congress, there is no such limitation upon the powers time meant by "several days after a session" as used in the Act. But we
and duties of the U. S. Comptroller. The finality of his decisions is not do hold that, as to the "supplementary force," the words cannot be
confined or limited to the executive branch of the government, but they construed to mean or apply to a period of eighty-two days, "after a
apply with equal force and effect upon all branches. If and when the law session." Giving them this construction, it follows that the petitioner
is amended to confer upon the Insular Auditor of the Philippine Islands has no legal right to compensation for the services in question.
like powers and duties as those of the U. S. Comptroller, the authorities
cited by the Insular Auditor would then be in point, and will be Apparently recognizing the legal force and effect of the words used, the
followed and approved by this court. Until such time as that is done our petitioner contends that section 18 of Act No. 2935 is unconstitutional,
decisions is overruled by the United States Supreme Court, upon that because (a) it embraces two subjects, and "(b) that one of the subjects
question, we will follow and approve the law is laid down by this court is not expressed in the title of the bill." It is entitled "an Act
in its former decisions. Neither is there any legal merit in the allegation appropriating funds for the necessary expenses of the Government of
made in the answer, "that the services of the petitioner and the other the Philippine Islands during the fiscal year ending December thirty-
employees of the same status are and have been unnecessary since first, nineteen hundred and twenty-on, and for other purposes." And
February 1, 1926." It is not for the Insular Auditor to say how many section 18 provides that the following rules are established regarding
employees the Legislature should have or the compensation which they appropriations for the Legislature, and shall not be understood to be
would receive. That is a matter within the peculiar province of the repealed by any other law unless expressly repealed," which has not
Legislature and for which its members are responsible to their been done. The Act in question must be construed as a whole, and, as
constituents. so construed, section 18 is germane to the Act. That is to say, that the
only appropriation which the Legislature has ever made for
Be that as it may, this is petition for a mandamus in which the petitioner "supplementary force" is for "employees rendering service before,
prays for a writ to compel the Insular Auditor to sign the warrant in during, and several days after a session," and that upon no legal
question. To obtain the writ, the petitioner must both allege and prove principle can the words "several days after a session" be construed to
a clear legal right to a valid warrant. cover and include services rendered on and after a period of eighty-two
days after the Legislature had adjourned. In legal effect any other
He alleges that on September 1, 1925, he was "duly appointed a construction would nullify the language used as to time, and destroy
"temporary clerk" in the office of the Secretary, Philippine Senate," and the meaning of the words "supplementary force," and make a
the appointment itself shows that he is "a temporary clerk." He also "temporary clerk" a "permanent employee" of the Legislature.
alleges that he accepted and continued in the performance of his duties
from the date of his appointment "to the present time." "That for his For such reasons, the writ is denied and the petition dismissed, with
salary as such clerk for the period from February 1 to 14, 1926, there is costs in favor of the respondent.
now due the petitioner the sum of 20," for which a warrant was duly
drawn and which the respondent refused to sign "in violation of the
So ordered.
clear legal rights of the petitioner," and that he unjustly refused and still
refuses to approve said warrant."
Avancea, C. J., Street, Villamor, Romualdez and Villa-Real, JJ., concur.
The answer alleges "that the Philippine Legislature closed its last Ostrand, J., concurs in the result.
session on November 9, 1925," and that the petitioner was paid his
corresponding salary to January 31, 1926. "That the respondent
refused to approve the payment of the alleged salary of the petitioner
from February 1, 1926, up to the present time for the reason that prior
to February 1, 1926, very many more than "several days" had elapsed
since the closing of the last session of the Philippine Legislature . . . ."
Section 18 of Act No. 2935 says:
Constitution, the Auditor-General has the right and duty to examine, In his answer the respondent Auditor-General, through the Solicitor-
audit and settle all accounts pertaining to the revenues and receipts . General, alleged, among other things, that the conformity given by
. . and to audit, in accordance with law, all expenditures of funds the Acting Purchasing Agent, with the approval of the
pertaining to the Government . . . and to bring to the attention of the Undersecretary of Finance, to the increase in price per kilo of meat
proper administrative officer expenditures of funds or property as requested by petitioner, was and is illegal and null and void for
which, in his opinion, are irregular, unnecessary, excessive, or lack of valuable consideration and because no public bidding had
extravagant, then it is logical to conclude therefrom that the act of been held for that purpose. Furthermore, neither the respondent
countersigning the treasury warrant with his signature is not a Auditor-General nor the Secretary of Justice had been consulted, nor
merely ministerial duty of the Auditor-General, but a discretional was the approval of His Excellency, the President of the Philippines,
power authorizing him to determine whether or not the expenditure obtained before or after said conformity of the Purchasing Agent had
in question is irregular, unnecessary, excessive, or extravagant. been given.
3. ID.; ID.; ID.; NOVATION. The increase in the price of meat Issues:
allowed the petitioner by the Acting Purchasing Agent undoubtedly 1. Whether the Auditor-General, under the law, has the right and
constitutes a novation of the contract of December 24, 1936 entered power to judge the merits and legality of any contract for supplies
into between the Government and petitioner after a public bidding entered into by the Commonwealth of the Philippines through the
had been held. Purchasing Agent.
4. ID.; ID.; ID.; In order that the novation of said contract may be According to section 2, Article X of the Constitution, the Auditor-
valid, compliance with Executive Order No. 16 which was amended General has, in the present case, discretional power to ascertain,
by another Executive Order No. 98, was necessary. The meaning before countersigning the aforesaid warrant, whether the
given the words "contract of public service" is set forth in said disbursement in question is illegal or not (Ynchausti & Co. v. Wright,
Executive Order No. 98 and it includes those for "furnishing supplies, 47 Phil., 866).
materials and equipment to the Government."cralaw virtua1aw
library 2. Whether the amendment of the contract of December 24, 1936
raising the price of meat to be delivered to the Government by one
5. ID.; POWERS OF THE PRESIDENT OF THE PHILIPPINES and a half centavos, is illegal and null and void.
ACCORDING TO SECTION 11 91) OF ARTICLE VII OF THE
CONSTITUTION. According to section 11 (1) of Article VII of the For lack of compliance with said Executive Order No. 16, the
Constitution, the President of the Philippines shall have control of all disbursement of money required by the treasury warrant issued by
the executive departments, bureaus, or offices, exercise general the Director of Prisons could not be legally authorized.
supervision over all local governments as may be provided by law,
and take case that the laws be faithfully executed. In the exercise of The increase in the price of meat does not represent a valid
these constitutional powers, His excellency, the President, as Chief obligation on the part of the government for the reason that being a
Executive of the Government, may issue regulations for the novation of the contract, it was not awarded through a public
enforcement and execution of the laws, and Executive Orders Nos. 16 bidding nor was the consent of the Auditor-General and of the
and 98 have been issued, not for the purpose of amending or adding Secretary of Justice first obtained together with the approval of His
something to the law relating to contracts of supplies for the Excellency, the President of the Philippines, in accordance with the
Government, but to better assure compliance therewith and to avoid requirements of Executive Order No. 16.
even suspicions of favoritism or anomalies in the execution or
renewal of said contracts.
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Art. IX. The Constitutional Commissions
prepared. The Cost of painting was left out in the detailed estimate and of loss of confidence. Ostensibly, the Acting Mayor's loss of confidence
specifications. The papers were submitted to the Division Engineer in in petitioner was the result of the legal opinion of the latter impugning
Lucena, Quezon, who returned them duly approved with an authorized the authority of Acting Mayor Grafilo to act as such and upholding the
appropriation of P40,000.00 "provided that painting shall be included". authority of Mayor Acharon to discharge the functions of the Office of
the Mayor even while the latter was in prison.
Whereupon, the specification for painting was accordingly made and
appended to the specifications as page six. In August 1954 the District Petitioner appealed to the Civil Service Commission the termination of
Engineer advertised an invitation to bid for furnishing of all materials, his services as City Attorney. The Acting Commissioner on Civil Service
labor and plant, for reconstruction project. Fernando Guevarra's bid of in an indorsement dated October 13, 1972 directed Acting Mayor
P37,500 was declared lowest and the contract was awarded to him. Grafilo to allow Atty. Pacete to continue in service as City Attorney
Eighty five days after completion of the project, Guevarra file with the pending resolution of the merits of his appeal. Acting Mayor Grafilo
Director of Public Works a written claim for the payment of P4,620.00 disregarded the directive of the Civil Service Commissioner branding
representing cost of painting not covered by the contract. the same as an illegal order and contrary to the Supreme Court
decisions in Claudio vs. Subido, 40 SCRA 481 and Besa vs. PNB, 33
After hearing, Secretary of Public Works and Communications denied SCRA 330. On September 14, 1972, Acting Mayor Grafilo appointed
the claim and two motion for reconsideration were also denied. On Atty. Hilarion Polistico as City Attorney of General Santos City.
appeal, the Auditor General also denied the claim. Guevarra appealed to
the Supreme Court pursuant to CA 327. On October 12, 1972, petitioner filed with the City Treasurer of General
Santos City a claim for the payment of his back salaries in the amount
ISSUE: Whether the contract for the reconstruction of the school of P2,275.00 corresponding to the period from July 11 to October 15,
building included the painting. 1972 invoking in support of his claim the aforementioned directive of
the Commission on Civil Service. Petitioner's voucher was forwarded
HELD:Yes. by respondent City Treasurer to respondent City Auditor who in turn
Testimonies of the employees' should be given more weight than those referred the same to the Auditor General in an indorsement dated
of the contractors. These government employees testified as to what October 26, 1972 for decision. The Auditor General referred the claim
transpired in the performance of their duties. The presumption is that to the Office of the President for opinion. On February 18, 1974, the
official duty has been regularly performed. [Note: The main issue of the respondent Assistant Executive Secretary, by Authority of the
case has nothing to do with COA. However, note that, claims and President, rendered an opinion stating that: (1) the termination of
disbursements of public funds should have be coursed to COA] petitioner's services as City Attorney by Acting Mayor Grafilo was in
accordance with law and; (2) Atty. Pacete may not rightfully demand
payment of back salaries for the period during which he was out of the
service and was physically and legally not discharging his duties as City
Pacete vs. Acting Chairman of COA, 185 SCRA 1 Attorney of General Santos City [Annex "I" to the Petition; Rollo, p. 64].
ELIAS V. PACETE, petitioner, vs. THE HONORABLE ACTING CHAIRMAN Petitioner filed a motion for reconsideration which was denied by
OF THE COMMISSION ON AUDIT, THE HONORABLE ASSISTANT respondent Assistant Executive Secretary on July 8, 1974 [Annex "J" to
EXECUTIVE SECRETARY, MIGUEL PEALOSA, JR., in his capacity as the Petition; Rollo, p. 72]. On May 22, 1974, the Commission on Audit,
City Auditor and in his personal capacity; and THE CITY which by virtue of the 1973 Constitution took over the powers and
TREASURER, respondents functions of the Auditor General, rendered a decision disallowing
petitioner's claim for backwages.
On July 22, 1968, petitioner Elias V. Pacete was appointed by the then
Mayor Antonio C. Acharon of General Santos City as City Attorney of the Consequently, respondent City Auditor Miguel Pen alosa, Jr. refused to
said city. pass in audit petitioner's claim for backwages [Annex "R" to the
Petition; Rollo, p. 103].
On June 24, 1971, Mayor Acharon was charged with murder in the
Court of First Instance of General Santos City and was detained without On October 15, 1974, petitioner filed the present petition with
bail. A few months later, on November 8, 1971, Mayor Acharon ran for essentially the following prayers: (1) payment of backwages from the
and was reelected as City Mayor of General Santos City pending the time petitioner was suspended on July 11, 1972 until the final
criminal case against him and even while he was in jail. On January 1, termination of his case; and (2) payment by respondent City Auditor
1972, Mayor Acharon issued Administrative Order No. 1 designating Miguel Pen alosa, Jr. of damages for his refusal to pass in audit
Vice Mayor Erlindo R. Grafilo as Acting Mayor. On June 29, 1972, petitioner's claim for backwages. Petitioner did not pray for
Acharon, while still in prison, issued another memorandum which had reinstatement.
the effect of revoking the aforementioned January 1, 1972
memorandum. After the filing by the parties of their respective pleadings, the Court,
through its Second Division, resolved on June 30, 1975, to consider the
Subsequently, Acharon filed two cases with the Supreme Court case submitted for decision. Unfortunately, no action was taken thereon
challenging the authority of Acting Mayor Grafilo to act as such, until after the organization of the Court upon the ratification of the
claiming that notwithstanding the fact that he was confined as a 1987 Constitution.
detention prisoner due to the murder charge against him. Acharon may
lawfully discharge the duties and functions of the Office of the Mayor of On February 8, 1988, the Court, noting the considerable length of time
General Santos City. Both petitions, City of General Santos and Hon. during which the case has been pending and to determine whether
Antonio Acharon v. Atty. Erlindo Grafilo, et al., G.R. No. 35303 and supervening events have rendered the case moot and academic
Antonio C. Acharon v. Pedro Samson C. Anomas, et al., G.R. No. L-33835, required the parties to move in the premises.
were dismissed by the Court. The Court, in a Resolution dated October
20, 1972 stated that "the continued detention of . . . Antonio Acharon in The respondents City Auditor and City Treasurer of General Santos City
jail, pending hearing and determination of his case of murder, for which filed a manifestation claiming that the case has been moot and
he has been denied bail, constitutes temporary incapacity to discharge academic because petitioner has been appointed Hearing Officer IV of
the duties of his office of Mayor of General Santos City, under Section 17 the National Police Commission on February 25, 1976. On the other
of Republic Act No. 6388 which incapacity justifies the assumption of hand, the Solicitor General filed a manifestation stating that: (1) there
the Office of Mayor by respondent Vice-Mayor Erlindo Grafilo . . . [City is no showing that the parties have lost interest in the case; and (2)
of General Santos and Hon. Antonio C. Acharon v. Atty. Erlindo Grafilo, there is no supervening event which would render the case moot and
et al., G.R. No. L-35303, October 20, 1972]. academic. Likewise, petitioner filed a manifestation underscoring his
interest in pursuing the case and reiterating his claims for backwages
In the meantime, acting Mayor Erlindo Grafilo suspended petitioner and damages.
Elias V. Pacete as City Attorney for a period of ten (10) days effective
July 11, 1972. Petitioner first assails the legality of the opinion of respondent
Assistant Executive Secretary contending that the decision of the
Page5
Finally, on July 20, 1972, notice was served on petitioner that he had Auditor General cannot be reviewed by the Office of the President
been removed as the City Attorney of General Santos City on the ground
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without violating the principles of separation of powers and non- The tenure of officials holding primarily confidential positions ends
delegation of powers. upon loss of confidence, because their term of office lasts only as long
as confidence in them endures; and thus their cessation involves no
This contention is unmeritorious because the Office of the President removal (Corpus vs. Cuaderno, L-23721, March 31, 1965, 13 SCRA 591-
did not review the ruling of the Auditor General. Instead, what 596). When such confidence is lost and the officer holding such
transpired was the referral of petitioner's case by the Auditor General position is separated from the service, such cessation entails no
to the Office of the President for opinion, on the basis of which the removal but an expiration of his term. In the case of Hernandez vs.
respondent Acting Chairman of the Commission on Audit, who as noted Villegas, L-17287, June 30, 1965, 14 SCRA 548, it was held
earlier took over the functions of the Auditor General, rendered a
decision disallowing petitioner's claim (Annex "K" to the Petition; It is to be understood of course that officials and employees holding
Rollo, p. 102). In other words, the respondent Acting Chairman of the primarily confidential positions continue only for so long as confidence
Commission on Audit did issue a separate decision rejecting in them endures.
petitioner's money claim. It cannot, therefore be claimed that the
Commission on Audit (formerly the Auditor General) abdicated in favor The termination of their official relation can be justified on the ground
of the Office of the President its authority over cases involving the of loss of confidence because in that case their cessation from office
settlement of accounts or money claims against the government. involved no removal but merely the expiration of the term of office -
two different causes for the termination of official relations recognized
Petitioner next contends that the failure of the Auditor General to in the law of Public Officers.
decide his claim within sixty (60) days from the presentation of the
same resulted in the automatic grant of petitioner's claim for The Court, after a careful consideration of the instant case, finds no
backwages in accordance with Sec. 1 of Commonwealth Act No. 327. cogent reason to depart from the ruling of the aforecited cases that the
position of Legal Counsel or City Attorney is confidential in nature, for
This contention is bereft of merit. Sec. 1 of Commonwealth Act No. 327 which loss of confidence is a valid ground for termination. Hence, the
provides: Court must rule that petitioner is not entitled to the backwages
claimed. Moreover, having determined the legality of petitioner's
Section 1. In all cases involving the settlement of accounts or claims, termination from service as City Attorney, the Court must likewise hold
other than those of accountable officers, the Auditor General shall act that respondent City Auditor Miguel Pen alosa, Jr. cannot be held liable
and decide the same within sixty (60) days, exclusive of Sundays and for damages since his refusal to pass in audit petitioner's claim for
holidays, after their presentation. backwages was pursuant to a lawful order made by the respondent
Acting Commissioner on Audit.
In Carabao, Inc. v. Agricultural Productivity Commission, G.R. No. L-
29304, September 30, 1970, 35 SCRA 224, the Court held that in case of WHEREFORE, the petition is hereby DISMISSED for lack of merit.
failure by the Auditor General to decide a claim within sixty (60) days, a
claimant's remedy is to institute mandamus proceedings to compel the SO ORDERED
rendition of a decision by the Auditor General. The lapse of the sixty
(60) day period does not result in the automatic grant of the claim. Fernan, C.J., Gutierrez, Jr., Feliciano and Bidin, JJ., concur.
Nowhere in Commonwealth Act No. 327 can the petitioner's theory of
automatic grant be inferred.
Having resolved the preliminary issues, the Court will now deal with Pacete v. Secretary of Commission, 40 SCRA 58
petitioner's claim for backwages which is anchored on the legality of An appointment made by the President when the Congress is in
the termination of the services of petitioner as City Attorney of General recess shall take effect immediately without the necessity of
Santos City, which, in turn, hinges on the issue of whether or not the confirmation from the Commission of Appointments.
position of City Attorney is confidential, for which loss of confidence is
a valid ground for termination. A distinction is made between the exercise of such presidential
prerogative requiring confirmation by the Commission when
This is not the first time that this question has been raised before the Congress is in session and when it is in recess. In the former the
Court. In Besa v. Philippine National Bank, G.R. No. L,26838, May 29, President nominates and only upon the consent of the Commission
1970, 33 SCRA 331, the Court ruled that the position of Chief Legal may the person thus assume office. It is not so with reference to ad
Counsel of the Philippine National Bank is both confidential and interim appointments. It takes effect at once. The confirmation
technical in nature. In Claudio v. Subido, G.R. No. L-30865, August 31, stands; it must be given force and effect pursuant to Rule 21 of the
1971, 40 SCRA 481, 484, the Court likewise ruled that "[t]he position in Revised Rules of the Commission on Appointments which states:
question, that of the City Legal Officer, in one that requires the utmost
confidence on the part of the Mayor." Resolution of the Commission on any appointment may be
reconsidered on a motion by a member presented not more
The same conclusion was reached by the Court in Cadiente v. Santos, than one day after their approval. If a majority of the members
G.R. No. L-35592, June 11, 1986, 142 SCRA 280, where petitioner present concur to grant reconsideration, the appointment may
Cadiente was discharged as the City Legal Officer of Davao City by the be laid on the table, this shall be reopened and submitted anew
newly elected mayor on the ground that the position was primarily to the Commission.
confidential in nature. In upholding Cadiente's termination, the Court
stated the following:
In resolving the merits of the instant case, We find as an undeniable fact 3. Prohibited Exemptions from COA jurisdiction (Sec. 3)
that the position of a City Legal Officer is one which is "primarily
confidential." This Court held in the case of Claudio vs. Subido, L-30865,
August 31, 1971, 40 SCRA 481, that the position of a City Legal Officer
is one requiring that utmost confidence on the part of the mayor be 4. Report (Sec. 4)
extended to said officer. The relationship existing between a lawyer and
his client, whether a private individual or a public officer, is one that
depends on the highest degree of trust that the latter entertains for the
counsel selected. As stated in the case of Pinero vs. Hechanova, L-
22562, October 22, 1966, 18 SCRA 4176 (citing De los Santos vs.
Mallare, 87 Phil. 289), the phrase 'primarily confidential' denotes not
only confidence in the aptitude of the appointee for the duties of the
office but primarily close intimacy which insures freedom of
intercourse, without embarrassment on freedom from misgivings of
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Compiled by rago